Search Results for: Children

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The Children’s Rights Alliance for England, Regina (on The Application of) v The Secretary of State for Justice: CA 6 Feb 2013

Appeal, with permission against a judgment dismissing the appellant’s application for judicial review seeking an order that the defendant Secretary of State provide or facilitate the provision of information to stated categories of children as to the illegal use of restraint techniques on them when they were detained in Secure Training Centres (STCs) in the … Continue reading The Children’s Rights Alliance for England, Regina (on The Application of) v The Secretary of State for Justice: CA 6 Feb 2013

P-G (Children) v: CA 29 Jul 2015

Judges: Lord Justice Elias Lord Justice Mccombe Lord Justice Ryder Citations: [2015] EWCA Civ 1025 Links: Bailii Jurisdiction: England and Wales Children Updated: 13 November 2022; Ref: scu.682105

Rye, Henson and J B Trustees Limited Trustees of Dennis Rye Pension Fund v Sheffield City Council and Frederick Henson and Rye (the Trustees of the Dennis Rye 1992 Grandchildren Settlement Fund) v Sheffield City Council: CA 31 Jul 1997

Courts must not get tied up in public law/private law judicial review or other arguments when remedies and results provided by both jurisdictions are similar. The guidelines set down involved: ‘not only considering the technical questions of the distinctions between public and private rights and bodies but also looking at the practical consequences of the … Continue reading Rye, Henson and J B Trustees Limited Trustees of Dennis Rye Pension Fund v Sheffield City Council and Frederick Henson and Rye (the Trustees of the Dennis Rye 1992 Grandchildren Settlement Fund) v Sheffield City Council: CA 31 Jul 1997

Re B (Children): CA 5 Jul 2012

The father sought leave to appeal against a decision that the mother and their daughter were not habitually resident here, saying that she was not entitled to apply for child maintenance. Judges: Thorpe, Rimer, Patten LJJ Citations: [2012] EWCA Civ 1082 Links: Bailii Jurisdiction: England and Wales Child Support Updated: 04 November 2022; Ref: scu.463703

In Re C (Children): CA 9 May 2007

Application for leave to appeal by mother against care and placement order made against recommendation of the guardian. Judges: Thorpe, Gage, Toulson LJJ Citations: [2007] EWCA Civ 486 Links: Bailii Jurisdiction: England and Wales Children Updated: 04 November 2022; Ref: scu.253259

Birmingham Childrens Hospital NHS Foundation Trust (Health): ICO 9 Jul 2019

The complainant requested information regarding social care payments. The Commissioner’s decision is that Birmingham Children’s Trust failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA. The Commissioner requires the Trust to take the following steps to ensure compliance with the legislation: issue a substantive response, … Continue reading Birmingham Childrens Hospital NHS Foundation Trust (Health): ICO 9 Jul 2019

In re W (Children) (Direct Contact): CA 24 Jul 2012

The court took the opportunity to emphasise the importance of parental responsibility as an incident of family life. McFarlane LJ said: ‘Whether or not a parent has parental responsibility is not simply a matter that achieves the ticking of a box on a form. It is a significant matter of status as between parent and … Continue reading In re W (Children) (Direct Contact): CA 24 Jul 2012

In re L and B (Children): CA 18 Jul 2012

In care proceedings, there had been protracted fact finding hearings. The judge had given a preliminary report as to her conclusions, but received a communication from counsel for the father requesting her to re-address certain aspects. She later delivered a judgment which differed substantially. The parties complained that the judge had not explained the change … Continue reading In re L and B (Children): CA 18 Jul 2012

re F (Children): CA 3 Apr 2012

The mother appealed against a finding as regards her actions during a supervised contact session. It was alleged that she had assaulted two social workers. Judges: Black, Ward, Elias LJJ Citations: [2012] EWCA Civ 828 Links: Bailii Jurisdiction: England and Wales Children Updated: 03 November 2022; Ref: scu.462511

Re X (Children): CA 30 May 2002

Foster carers of children wanted to adopt them without the parents knowing their identity, using the confidential serial number approach. The parents had been led to believe that the children had been placed with a different family for adoption and wanted to continue to have contact with the children. The irony was that their preference … Continue reading Re X (Children): CA 30 May 2002

DS and Others (Children): FD 31 May 2012

The court gave guidance on legal aid arrangement for the funding of supporting expert evidence in care applications. Held: The court gave the following guidance: ‘i) The words ‘the cost thereof is deemed to be a necessary and proper disbursement on [a named individual’s] public funding certificate’ (or words to equivalent effect) should no longer … Continue reading DS and Others (Children): FD 31 May 2012

Office for Standards In Education, Children’s Services and Skills (Other): ICO 29 Sep 2020

The complainant has requested the Unique Reference Number (URN) of a particular care home. The Office for Standards in Education, Children’s Services and Skills refused to provide the information as it considered that the particular information requested fell outside the scope of the FOIA. The Commissioner’s decision is that the requested information is held by … Continue reading Office for Standards In Education, Children’s Services and Skills (Other): ICO 29 Sep 2020

Northern and Shell Plc v Champion Children Ltd: CA 3 Jul 2001

Application by the successful claimants in the court below (the respondents) to a proposed appeal by the defendants to strike out the defendants’ appeal because the defendants have failed to pay or otherwise provide by way of security for the claimants’ costs (as the respondents in the appeal) the sum of pounds 10,000 agreed to … Continue reading Northern and Shell Plc v Champion Children Ltd: CA 3 Jul 2001

Re M (Children): FD 27 Jun 2019

Judges: Ms Justice Russell DBE Citations: [2019] EWHC 39 (Fam) Links: Bailii Jurisdiction: England and Wales Children Updated: 31 October 2022; Ref: scu.682087

Re A and B (Children): FC 18 Oct 2022

Fact-finding hearing to deal with allegations made in the context of Children Act and Family Law Act proceedings. Judges: Her Honour Judge Owens Citations: [2022] EWFC 124 Links: Bailii Jurisdiction: England and Wales Children Updated: 26 October 2022; Ref: scu.682011

A Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication): FD 14 Jul 2005

An application was made by a local authority to restrict publication of the name of a defendant in criminal proceedings in order to protect children in their care. The mother was accused of having assaulted the second respondent by knowingly transmitted HIV/Aids to him by having unprotected sex but hiding her HIV status. Held: The … Continue reading A Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication): FD 14 Jul 2005

In re K (Children) (Non-accidental injuries: Perpetrator: New Evidence): CA 27 Aug 2004

The children had been taken into care, and freed for adoption. The mother appealed saying the blame for non-accidental injury was misplaced. The court had not thought her responsible for the non-accidental injuries, but she had been unwilling to separate from the assumed perpetrator. Held: The mother had now taken the step of breaking free. … Continue reading In re K (Children) (Non-accidental injuries: Perpetrator: New Evidence): CA 27 Aug 2004

H-N and Others (Children) (Domestic Abuse: Finding of Fact Hearings): CA 30 Mar 2021

Four appeals each of which involves an allegation of domestic abuse by one parent against the other – whether, where domestic abuse is alleged in proceedings affecting the welfare of children, the focus should in some cases be on a pattern of behaviour as opposed to specific incidents. Judges: The President of the Family Division, … Continue reading H-N and Others (Children) (Domestic Abuse: Finding of Fact Hearings): CA 30 Mar 2021

Birmingham Children’s Trust (Local Government): ICO 18 May 2021

The complainant has requested information on payments to Children’s Health and Social Care service providers. Birmingham Children’s Trust (‘BCT’) released relevant information, with some redacted under section 40(2) of the FOIA (personal data). The complainant considers that BCT holds further relevant information and that it should release the redacted material. The Commissioner’s decision is as … Continue reading Birmingham Children’s Trust (Local Government): ICO 18 May 2021

Re X and Y (Children): CA 19 Nov 2012

The court considered the form of publication of an investigation into a local authority’s handling of a child’s case. Details of the injuries would inevitably lead to identification of the children. Judges: Lord Justice Pill Lord Justice Toulson And Lord Justice Munby Citations: [2012] EWCA Civ 1500 Links: Bailii Statutes: Children Act 2004 31 32 … Continue reading Re X and Y (Children): CA 19 Nov 2012

In re W (Children) (Care Proceedings: Witness anonymity): CA 7 Oct 2002

In care proceedings, the court had allowed a social worker to give evidence in such a way that her identity was hidden. She was in fear of violence. Held: It was possible for a civil court to provide anonymity. These public law proceedings could look for a parallel in criminal cases in the Taylor case. … Continue reading In re W (Children) (Care Proceedings: Witness anonymity): CA 7 Oct 2002

A (Children) (Contact: Ultra-Orthodox Judaism: Transgender Parent): FC 20 Jan 2020

M and F, members of an ultra orthodox Jewish sect, had five children. F transgendered and sought and was granted an order for restricted indirect contact. The Court of Appeal allowed his appeal and the case was remitted for reconsideration. Held: F now accepted with great reluctance the children’s opposition to contact, and the matter … Continue reading A (Children) (Contact: Ultra-Orthodox Judaism: Transgender Parent): FC 20 Jan 2020

Re M (Children): CA 20 Dec 2017

F and M were members of an ultra orthodox Jewish sect. H transgendered, a process utterly unacceptable within the sect. Any continued association with the children would severely risk their ostracism, and at first F did not seek contact, but on his application limited indirect contact was ordered. Held: Appeal allowed The Judge had not … Continue reading Re M (Children): CA 20 Dec 2017

Sanade and Others (British Children – Zambrano – Dereci): UTIAC 7 Feb 2012

Section 32 of the UK Borders Act 2007 provides that where a person is sentenced to imprisonment of 12 months or more, he must be deported unless he falls within one of the statutory exceptions.Article 8 provides one such exception but there is no justification for saying that it will only be in exceptional circumstances … Continue reading Sanade and Others (British Children – Zambrano – Dereci): UTIAC 7 Feb 2012